Case law

Fain v. Davis

District Court, S.D. Texas · Mar 31, 2020

To constitute an “unreasonable application of” clearly established federal law, a state court’s holding “must be objectively unreasonable, not merely wrong; even clear error will not suffice.” Woods v. … Ineffective Assistance of Counsel A criminal defendant’s ineffective-assistance claim is analyzed under the clearly established standard set forth in Strickland v.

Martinez v. Medical Depot, Inc.

District Court, S.D. Texas · Jan 17, 2020

Invacare Corp., an expert with qualifying engineering credentials who examined the alleged defective hemi-walker compared it with identical models and produced detailed findings was qualified to testify … Thus, Plaintiff provides no evidence he would be qualified to testify as to the defect.

Judy Tanguma, as Next Friend of J.L.S., a Minor, et al. v. City of Mission, Texas, et al.

District Court, S.D. Texas · May 6, 2026

Accordingly, unless the defects are clearly incurable, a court should afford.the plaintiff □ 5/14 ce . … Municipalities and cities qualify as persons liable to suit under Séction 1983, Monell v. Dep’t of Soc.

Roe v. Cypress-Fairbanks Independent School District

District Court, S.D. Texas · Jun 13, 2025

In response to B.R.’s argument that the court’s rejection of her experts’ opinions would immunize school officials from the consequences of life-altering injuries based on a student’s age … Evid. 104(a) (“The court must decide any preliminary question about whether a witness is qualified, . . . or evidence is admissible.”).

The Jesus Church of Victoria Texas, Inc. v. Church Mutual Insurance Company

District Court, S.D. Texas · Sep 13, 2022

In his report, Spotts repeatedly references these claim-handling standards without clearly stating what the standards are or how Church Mutual violated them. … See, e.g., (Id. at 4) (“There are well established industry claims adjusting standards that apply to claims being handled in a variety of locations.

Karaha Bodas Co. v. Perusahaan Pertambangan Minyak Dan Gas Bumi Negara

190 F. Supp. 2d 936 · District Court, S.D. Texas · Dec 4, 2001

The Project On November 28, 1994, Pertamina, PLN, and KBC entered into two contracts to establish their roles and obligations in the Project. … KBC clearly and directly sought relief for alleged breaches of contract.

Garza v. Houston Methodist Hospital

District Court, S.D. Texas · Aug 15, 2025

It is not the duty of the Court to search the record for evidence that might establish an issue of material fact. Jd. Il. … That may be, but other summary-judgment evidence—which Plaintiffs do not address, let alone controvert—more clearly demonstrate Houston Methodist’s religious purpose.

Guerra v. Guajardo

466 F. Supp. 1046 · District Court, S.D. Texas · Oct 10, 1978

of an issue to a coordinate political department; 2) a lack of judicially discoverable and manageable standards for resolving the issue; 3) the impossibility of deciding without an initial policy determination of a kind clearly … from disclosure by statute (other than § 552(b) of this title), provided that such statute (A) requires that the matters be withheld from the public in *1058 such a manner as to leave no discretion on the issue, or (B) establishes

Lamar Consolidated Independent School District v. T.

District Court, S.D. Texas · Dec 31, 2021

The special hearing officer was undoubtedly correct that the evidence doesn’t clearly favor either party. … “Whether advancement is so trivial or minor as to qualify as de minimis must be evaluated in light of the child’s circumstances.”

Ewell v. Kijakazi

District Court, S.D. Texas · Feb 23, 2024

The district court additionally noted that the ALJ’s decision as a whole, “clearly reflects that he did not compare G.I.B.’s functioning to that of a same-aged child without arthrogryposis and muscle alignment … Moreover, even assuming the factual predicates for these arguments have been established, Plaintiff concedes that most courts have rejected this interpretation.

In Re US

441 F. Supp. 2d 816 · District Court, S.D. Texas · Jul 19, 2006

Under this reading, § 3121(a) establishes the minimum, but not the maximum, legal process under which a pen/trap may be installed or used. … This can most clearly be demonstrated by analogy. Consider the statement "A barrel of oil cannot be purchased solely with a $5 bill."

Perkins v. PM Realty Group, L.P.

District Court, S.D. Texas · Sep 12, 2024

Whether a plan qualifies as a top hat plan is a question law, but “may require factual determination regarding, for example, selectivity and high compensation.” Tolbert v. … Relevant statutory objectives include establishing uniform national safeguards “with respect to the -27- establishment, operation, and administration of [employee

Drake Alexander-Sterling Hodge v. Family Dollar Stores of Texas, LLC

District Court, S.D. Texas · Jul 1, 2026

Plaintiff clearly disagrees with Defendant’s interpretation of those text messages. … Plaintiff has not alleged facts sufficient to establish any of these elements.

J2 Resources, LLC v. Wood River Pipe Lines, LLC

District Court, S.D. Texas · Jul 23, 2020

It is well-established that the Court must determine whether a valid delegation clause exists. Kubala, 830 F.3d at 202. … J2 Resources has therefore clearly established a substantial likelihood of success on the merits of its declaratory judgment action.

Baughman v. Lumpkin

District Court, S.D. Texas · Feb 15, 2023

To constitute an “unreasonable application of” clearly established federal law, a state court’s holding “must be objectively unreasonable, not merely wrong; even clear error will not suffice.” Woods v. … To prevail, Baughman must show that the state habeas courts violated “clearly established federal law.” See 28 U.S.C. § 2254(d)(1).

Harden

District Court, S.D. Texas · May 11, 2026

At best, there were some minor date discrepancies and inconsistent tradeline descriptors, but these do not qualify as inaccuracies under FCRA. … Moreover, Plaintiff does not allege enough facts to clearly outline his allegation that Equifax included “duplicate tradelines.”

ConocoPhillips Company v. Totem Well Service, LLC

District Court, S.D. Texas · Jun 10, 2026

Then, relying on Banta, Conoco argues that this evidence clearly demonstrates that the Parties had the justified expectation to apply Texas law to the MSA. … When applying New Mexico state law, this Court must closely adhere to the law established by the Supreme Court of New Mexico and the New Mexico Legislature.

Daniels v. PennyMac Loan Services, LLC

District Court, S.D. Texas · Jun 7, 2023

The following facts are established by uncontroverted evidence in the summary judgment record. … Successful completion of the trial payment plan would qualify Daniels for a permanent loan modification plan. (Dkt. 113-1 at pp. 167–68).

Olivieri v. Davis

District Court, S.D. Texas · Feb 26, 2020

Under the AEDPA, federal habeas relief cannot be granted on legal issues adjudicated on the merits in state court unless the state adjudication was contrary to clearly established federal law as determined … by the Supreme Court, or involved an unreasonable application of clearly established federal law as determined by the Supreme Court.

In Re Silica Products Liability Litigation

398 F. Supp. 2d 563 · District Court, S.D. Texas · Jun 30, 2005

readers as qualified to classify the x-ray.... … Precisely what the ‘something more’ is was not clearly estab *651 lished in Tapscott and has not been established since.”